Among his remarks, Gallagher took a rare shot at embattled anti-game attorney Jack Thompson, telling Takahashi:

[Thompson] is in the rear view mirror... The bright future that lies in front of us does not include Jack Thompson...

Naturally, we couldn't resist asking the volatile Thompson for his reaction to Gallagher's remarks. In an e-mail to Gallagher, cc'd to GamePolitics, Thompson wrote:

Dear Mike:

I really enjoyed your "Jack Thompson is in the rearview mirror" comment. I think it is a reasonable thing to say, based upon what you think you know about what is going on between me and The Florida Bar, but in fact it is not accurate. You don't know what is going on behind the scenes.

What I would like you to know, however, is that I plan to file a lawsuit this week against the ESA. It's about time. If you think my current, soon to be past, Bar problems are an impediment to that suit, think again...

I look forward to the entire video game industry having the ESA and the ESRB in its rearview mirror. That should be accomplished soon.

GP: The lawsuit of which Thompson speaks is apparently some type of RICO allegation. We've asked for more details but are taking a wait-and-see attitude as to whether this one ever happens. Not every lawsuit Thompson threatens actually gets filed, and this one in particular has the whiff of a non-starter.

Thompson also sent Gallagher the picture included in this report, which is, we have to admit, an amusing touch.

Getting all of the Thompson news out of the way so we can focus on E3, the controversial barrister has - not unexpectedly - filed several motions with the Florida Supreme Court, objecting to last week's report by Judge Dava Tunis which recommended that he be disbarred for life.

Blah blah blah.... RICO charges? Way to go Jack, file something that even if it does get filed and go to court (which is already unlikely) it will have absolutely no chance of sticking. Funny thing about conspiracy theories- you need proof if anyone's going to take them seriously.

He's beginnign to remidn me of this commercial for a law firm from GTA Vice City

"Sue anyone, for pretty much anything, and you'll probably win." Except it;'s the opposite of win for him. Just getting tired of him issuing a threat every time someone disagrees that his bowl movements smell like cinnamon rolls

So he's going to proceed pro se. Well Jack's technically correct, he can certainly file his own motions, except that the show cause judgement previously entered still applies. The Florida Courts can still require his filings be cosigned by a "member of the Bar in good standing."

As for his lawsuit...RICO? He's going with RICO, as in "Racketeer Influenced and Corrupt Organizations."

So apparently the ESA and ESRB are mobbed up now huh? So I gotta ask, who's the Godfather then? Let me guess...Zelnick over at Take-Two right? Gotta be him, so Jack has he made you an offer you can't refuse yet?

RICO doesn't require the organization targetted to be "mobbed up". (Note, not supporting Thompson here, just explaining the law.)

RICO can target any individual or organization that performs criminal acts as part of an ongoing criminal organization.

For instance, that's how the government brought down Michael Milken.

The question then becomes, "What criminal acts has the ESA committed?"

This is, I believe, where Thompson's suit will fail. (Note, there may also be a standing issue.) Support / lobbying for a legal activity isn't itself illegal. Actually, support / lobbying for an -illegal- activity isn't automatically illegal. As the assisted suicide and NORML crowds will tell you.

So, in my opinion, this is another non-starter / baseless threat by Thompson. Even if he files, it will be dismissed or withdrawn.

For there to be a RICO suit, there must be some predicate criminal offense committed by ESA... essentially, there must be some sort of ongoing criminal acts by a corrup organization....I cannot imagine what that would be (I am eagerly awaiting Thompson's explanation)....

Submitted by Anonymous, Attorney and Counselor at Law (not verified) on Tue, 07/15/2008 - 14:01.

Conspiracy, obscenity, and mail or wire fraud are all RICO predicates, if I remember correctly. I'd go for those if I were in a Jack mood. Conspiracy is just two people getting together to do something naughty (so it kicks if you have another predicate), obscenity would work under his "games as unprotected pornography" theory, and mail or wire fraud could probably come in through a shipment of (illegal, remember) games or a download.

Actually, funny thing is Jack already made that connection. Its on approximately page 100 of the referee's report (I know because I only just got to that point, didn't get to start reading til yesterday.)

He has in fact reference RICO before as well with regards to Kellogg and Cardenas.

And that reference is to Cardonas (and by extension, Howard Stern), not the ESA.

So, the questions are still there:

What criminal acts has the ESA perpitrated?

There's a list of 35 crimes (27 Federal and 8 State), of which, at least two have to be committed inside of a 10 year window, committed for a similar purpose or for similar results.

Where Jacko will likely try to go is one of the state/federal charges: dealing in obscene matter.

The problem is, he's already lost two similar cases in the past. The first was the 2 Live Crew case, where it was ultimately found that the Broward County Sherriff couldn't ban sale of the album because of prior restraint of trade, and that it was not obscene (Luke Records Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992)). (Side note: 2 Live Crew had supported Janet Reno in an election in which her opposition was Thompson. Given's Jacko's habit of attacking those even tangentially involved in an issue, IMAO it's very possible that Crew's support of Reno is what prompted Jack to act.)

The second one, of course, was Bully. He didn't get that blocked either.

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Monte: Though from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm

Monte: Though it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm

Monte: With the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm

Monte: ON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm

Matthew Wilson: http://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm